Building Section

HB 803/F.S 553.79 (1) g requires local governments that issue building permits to exempt the owner of a single-family dwelling, or the owner's contractor, from the requirement to obtain a building permit for work valued at less than $7,500 on the owner's property.

The exemption applies only when ALL of the following conditions are met:

• The property is a single-family dwelling.
• The total value of the work is less than $7,500 (projects may not be divided or phased to evade the permitting threshold).
• The property is not located within a designated flood hazard area.
• The work does not include electrical, plumbing, mechanical, gas, or structural work — these scopes still require a permit regardless of value.
• The owner or contractor submits a written request for exemption to the local building department as required by the statute. See Form Below. 

Procedure for Applying for the Exemption

Although HB 803/F.S. 553.79 (1) g removes the building permit requirement for qualifying work, the owner or contractor must submit a written request for exemption to the Building Department before commencing work. The Building Department will administer this process in a manner that parallels the existing permit application workflow, as outlined below.

Step 1 — Online Submission

An Exemption Request will be created similar to a permit application and submitted online through the Building Department’s permitting portal (EnerGov). Applicants must select the “Exemption Request” application type.

Step 2 — Required Information and Documents

The applicant must submit:

• Complete property information (parcel address, parcel ID/folio number, and verification that the property is a single-family dwelling located outside a designated flood hazard area).
• Complete owner information (name, mailing address, contact information, and contractor information if applicable).
• A notarized document requesting the exemption on a form created by the Building Department.(PDF, 116KB) The notarized document must include a clear description of the scope of work, the total value of the work, and an acknowledgement statement signed by the owner (and contractor, if applicable) that reads substantially as follows: “The applicant acknowledges and agrees that, once this exemption is approved, no after-the-fact building permit will be issued for this work, even if subsequently required by an insurance company, lender, prospective purchaser, or other third party per F.S 553.79 (1) (g) 4 .”
• A copy of the signed contract between the owner and the contractor (or, for owner-performed work, documentation supporting the stated value of the work).
• Payment of the applicable exemption review fee.

Step 3 — Building Department Review

The request will be reviewed by the Building Department to confirm that the proposed work qualifies under HB 803/F.S 553.79 (1) g — specifically, that it is on a single-family dwelling, is valued at less than $7,500, is not located in a flood hazard area, and does not involve electrical, plumbing, mechanical, gas, or structural work (including any modification of the structural system as described in Section 3 of this memorandum).

Step 4 — Outcome

There are two possible outcomes:

• Approved. If the request is approved, the applicant is cleared to proceed with the work without a building permit. The approved exemption record will remain on file with the Building Department. Consistent with the applicant’s signed acknowledgement, no after-the-fact permit will be issued for the approved scope of work.
• Not Approved (Denied). If the request is not approved — because the scope of work does not qualify, the value equals or exceeds $7,500, the property is in a flood hazard area, or any of the excluded trades (electrical, plumbing, mechanical, gas, or structural) is involved — the fee already paid will be applied toward a building permit for the exact work listed on this exemption request.

Applicants should not commence work until the exemption request has been approved in writing by the Building Department. Beginning work prior to approval places the owner and contractor at risk of code enforcement action and may forfeit the option to convert the request into a permit without additional fees or penalties.

Common Project Types — Not an Exhaustive List

Replacement Windows

A like-for-like replacement window installed in an existing opening — with no change in opening size, no alteration of the surrounding framing, and meeting the applicable wind-borne debris and design pressure requirements — is not "structural" work for purposes of the exemption. If the value of the work is less than $7,500 and all other exemption conditions are satisfied, a building permit is not required.

A permit IS required when any of the following occur: the opening size is enlarged, reduced, or relocated; the surrounding structural framing (header, jambs, sill, supporting wall) is altered; the work is in a flood hazard area; or the project value is $7,500 or more.

Roof Replacements

Replacing a roof covering in-kind — without altering the trusses, rafters, sheathing, framing, slope, or load path — is not a modification of the structural system. Wind-uplift attachment and secondary water barrier requirements continue to apply under the Florida Building Code. If the value of the work is less than $7,500 and all other exemption conditions are satisfied, a building permit is not required.

A permit IS required for any roof work that: alters or replaces trusses or rafters; modifies the roof deck/sheathing beyond fastener upgrades within the existing system; changes roof geometry, slope, or load path; affects tributary load on supporting walls; or has a total project value of $7,500 or more. Roof work in a flood hazard area also requires a permit.

Garage Doors

A like-for-like garage door replacement that does not alter the opening size or surrounding framing, and that meets the applicable wind pressure and impact requirements of the Florida Building Code, is not "structural" work. If the work is valued at less than $7,500 and all other exemption conditions are met, a building permit is not required.

A permit IS required if the opening is resized, the header or jambs are modified, the surrounding wall is altered, the tributary load on the header changes, the property is in a flood hazard area, or the project value is $7,500 or more.

Exterior Doors

A like-for-like pedestrian door replacement that maintains the existing opening size, framing, and load path is not a modification of the structural system. If the value of the work is less than $7,500 and all other exemption conditions are satisfied, a building permit is not required.

A permit IS required when the opening is enlarged, reduced, or relocated; when a door is added where none existed; when the header, jambs, or load-bearing wall is altered; when tributary load is affected; when the property is in a flood hazard area; or when the project value is $7,500 or more.

City Ordinance Permits Are NOT Building Permits

HB 803/F.S. 553.79 (1) g applies only to building permits. City Ordinance related permits — including but not limited to permits for fences, accessory structures, driveways, flatwork and similar city ordinance - regulated activities — are separate from building permits and are not affected by the exemption.

City ordinance permits remain required regardless of the value of construction. Even if a scope of work is exempt from a building permit, the owner or contractor remains responsible for obtaining any applicable City Ordinance permit and complying with all zoning, land development, and city code requirements before commencing work.

Owner and Contractor Responsibility

While the exemption removes the building permit requirement for qualifying work; it does not remove the obligation to comply with the Florida Building Code, the Florida Fire Prevention Code, manufacturer installation requirements, product approval requirements, licensing requirements or any other applicable law. Work performed without a permit under this exemption remains subject to code compliance, and the owner and/or contractor bears full responsibility for that compliance. Projects may not be divided into smaller portions to evade the permitting threshold.

Questions

When in doubt, the safer course is to request a determination from the Building Department before proceeding. Design professionals with questions on whether a particular scope constitutes a modification of the structural system are encouraged to submit their analysis to the Building Official for review.

It is common to hear references to how construction practices were handled in the “good old days.” While that phrase may hold different meanings for each of us, one constant throughout the years has been the requirement for inspections at specific stages of construction. Over the past year, bypassed inspections have become more common. As our industry evolves, so do codes, regulations, and expectations — and adherence to these requirements remains essential.  

The Florida Building Code (FBC) and Florida Statute 553 establish mandatory inspection requirements, including the manner and timing in which inspections must occur. Additionally, the City of Melbourne Municipal Code requires inspections for certain city-specific items, such as fences, sheds, and flatwork, etc.

Each permit issued includes a list of required inspections based on the approved construction documents. This list is available through your online contractor portal. It is the responsibility of the permit holder to ensure that all required inspections are scheduled and completed prior to proceeding to the next phase of work.

Per FBC [A] 110.5 – Inspection Requests, it is the duty of the permit holder or their authorized agent to notify the Building Official when work is ready for inspection and to provide access to the work. Furthermore, FBC [A] 110.6 – Approval Required states that work shall not proceed beyond any required inspection point without prior approval. Any work that does not comply must be corrected and must not be concealed until authorization is granted.

The City recognizes that discrepancies may occasionally occur. If you believe an inspection listed on your permit does not apply to your scope of work, or if you believe an inspection is missing, please contact your assigned plans examiner whose name is available on the review on your portal. Open communication is essential to keeping projects moving efficiently and avoiding unnecessary delays.

The City also understands that isolated oversights can happen. In cases where an inspection has been bypassed, the inspection will be recorded as failed and a reinspection fee will be assessed. The permit holder will be required to either expose the work for inspection or submit a detailed corrective action plan to the inspector for review, a basic engineer letter will not be accepted. Once approved, the reinspection fee must be paid and the inspection rescheduled.

Repeated missed inspections will result in more stringent corrective measures, including the requirement to expose completed work. Continued noncompliance may result in referral to the appropriate licensing board for further disciplinary action.

The City also recognizes that unforeseen circumstances may arise. In such cases, timely communication is critical.  The Inspectors’ contact information is provided within your inspection portal, and our office remains available to assist as needed.

Thank you for your continued cooperation and commitment to maintaining compliance with applicable codes and regulations.